ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
694663 Ontario Limited O/A K.C. McFly’s Restaurant
Applicant
DECISION
Panel: Brian J. Ford, Board Member Allan Higdon, Board Member
Decision Date: December 7, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Dan Alakas, Representative
694663 Ontario Limited, Applicant ) Thomas Carpenter, on behalf of the Corporation
The Application
1On November 21, 2007 the Board of the Alcohol and Gaming Commission (“AGCO”) held a hearing pursuant to Notice of Proposal number 15682, dated October 10, 2007, to review an Application (the “Application”) for additional facilities for the liquor licence number 90836 issued to 694663 Ontario Limited and operating as K.C. MCFLY’S RESTAURANT, 1717 Victoria Park Avenue, Scarborough, Ontario, M1R 1R7.
Decision
2After considering all the evidence and submissions, the Board APPROVES the Application. Reasons follow.
Preliminary Matters
3The Registrar’s representative advised that the Registrar was not taking a position on the Application. He produced a petition signed by persons objecting to the Application which was made Exhbit 1. Mr. Alakas informed the Board that none of the objectors was present. The Board is satisfied that the objectors were duly notified of the hearing date and location.
4Thomas Carpenter is the shareholder, officer and director of the Applicant. He appeared on behalf of the Applicant and waived the right to be represented by a licensed representative.
Evidence
5Thomas Carpenter has been at his present location since May 1987. He has never been the subject of an investigation or charged for any breach of the Liquor Licence Act (LLA). The establishment is family oriented and well run. He noted that a number of Toronto police officers frequent the establishment. He has raised one million dollars for charities by holding functions at his bar.
6The Application is for an additional outdoor area with a capacity of 29 persons.
7Parking was an issue raised by the objectors. Mr. Carpenter testified that a lot of the illegal parking is by patrons of a drugstore in the shopping mall who park on the curb and run in to pick up a prescription. He has asked the mall owners to put up parking signs.
8With respect to noise concerns, he noted that the patio is on the west side of the Mall building. The objectors live on the east side of the Mall and are not likely to be affected by the minimal amount of noise from the patio.
9As to the concerns regarding drunken patrons, Mr. Carpenter noted again that he has a well run establishment and has never been charged in the entire time he has been at this location. He indicated that a nearby establishment has been the subject of several charges under the LLA.
10He denied cigarette butts would be a problem. There are three smoke holding containers set up on the patio area where smoking is allowed.
11James William Somerville is the owner of a bar not far from the Applicant. He stated he modeled his style of ownership after Mr. Carpenter’s because it was a well-run facility with no problems. He noted for the Board that K.C. McFly’s was not a problem bar. In fact, it was an exemplarily run bar.
12Geoff Campbell, who is the Labatt representative in the area, advised the Board that of all the establishments he deals with K.C. McFly’s is the best run.
Reasons
13Mr. Alakas advised the Board the Applicant has no history of LLA infractions.
14The onus is clearly on the objectors, who initiated the process, to attend the hearing and to present their case. They did not appear. Before the Board, Mr. Carpenter responded to each of their concerns.
15The Board is satisfied that, on the balance of probabilities, granting the Application will not have a negative affect on the community.
Order
16The Board therefore APPROVES the Application for additional facilities of an outdoor area for 29 persons at K.C. MCFLY’S RESTAURANT, 1717 Victoria Park Avenue, Scarborough, Ontario, M1R 1R7, licence number 90836. Approval is subject to compliance with all municipal and provincial licensing requirements.
DATED AT TORONTO THIS 7th DAY OF DECEMBER, 2007
BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
BJF/sm